West Virginia Code
Article 13. Assignment by Insolvent for the Benefit for All Creditors
§38-13-2. Oath and Bond of Trustee; Requiring Further Security

Before the trustee shall have any power or authority to sell, dispose of or convert to the purposes of the trust any of the assigned property he shall qualify as such by taking an oath and giving a bond in a penalty double the amount of the estate, with a solvent surety company as surety, before the clerk of the county court of the county in which such assignment, conveyance or transfer has been recorded. The oath of the trustee shall be that he will faithfully perform the duties of the office of trustee to the best of his skill and judgment, and will account for and pay over all money that comes into his hands as such trustee. The bond of the trustee shall be approved by the clerk, shall be conditioned that the trustee shall faithfully perform the duties of trustee to the best of his skill and judgment and account for and pay over all money that may come into his hands as trustee, and shall be filed in the office of the clerk. At any time after the giving of such bond the clerk may, upon his own motion, or upon the application of any party in interest, and on five days' notice given to the assignor, trustee and surety, increase the amount of the bond or require further security to be given, whenever in his judgment the penalty of the bond or the security afforded by it is not adequate.

Structure West Virginia Code

West Virginia Code

Chapter 38. Liens

Article 13. Assignment by Insolvent for the Benefit for All Creditors

§38-13-1. Assignment by Insolvent; Form; Acknowledgment; Recordation; Assent of Trustee; Transfer of Stockholders' Liability

§38-13-2. Oath and Bond of Trustee; Requiring Further Security

§38-13-3. Reference to Fiduciary Commissioner; Appraisers

§38-13-4. Trustee to File Schedule; Substitute Trustee

§38-13-5. Notice by Trustee to Creditors; Publication and Mailing

§38-13-6. Filing and Proof of Claims

§38-13-7. Liens Requiring or Not Requiring Proof; Waiver by Lienor; Delinquent Taxes; Sales of Property Subject to Liens or Taxes

§38-13-8. First Meeting of Creditors; Substitute Trustee

§38-13-9. Sales by Trustee; Creditors May Prescribe Manner and Terms; Powers of Fiduciary Commissioner; Compromising Claims; Continuing Operation of Business

§38-13-10. Trustee's Report to Fiduciary Commissioner; Notice to Creditors of Filing and Second Meeting

§38-13-11. Report by Fiduciary Commissioner; Appeal From Decision; Allowance of Expenses and Fees; Directions to Trustee; Dividends; Closing Trusteeship

§38-13-12. Powers, Duties and Qualifications of Trustee; Substitute for Unqualified, Removed, Deceased or Disabled Trustee

§38-13-13. Powers and Duties of Fiduciary Commissioner

§38-13-14. Duties of Assignor

§38-13-15. Fiduciary Commissioner to Certify to Circuit Court Disobedience of Order, etc.; Punishment for Contempt by Court

§38-13-16. Expenses and Fees of Trustee, Fiduciary Commissioner, Appraisers and Attorneys for Trustee